Annals and Antiquities of Rajasthan, v. 1 of 3: or the Central and Western Rajput States of IndiaTod, James
History
Annals and Antiquities of Rajasthan, v. 1 of 3: or the Central and Western Rajput States of India
Tod, James
Rajasthan (India) -- History; Rajput (Indic people) -- History
=Renunciation of Reliefs.=—In the demoralization of all those States,
some of the chiefs obtained renunciation of the fine of relief, which
was tantamount to making a grant in perpetuity, and annulling the most
overt sign of paramount sovereignty. But these and many other important
encroachments were made when little remained of the reality, or when it
was obscured by a series of oppressions unexampled in any European
State.
It is in Mewar alone, I believe, of all Rajasthan, that these marks of
fealty are observable to such an extent. But what is remarked elsewhere
upon the fiefs being movable, will support the doctrine of resumption
though it might not be practised: a prerogative may exist without its
being exercised.
=Fine of Alienation.=—Rajasthan never attained this refinement
indicative of the dismemberment of the system; so vicious and
self-destructive a notion never had existence in these States.
Alienation does not belong to a system of fiefs: the lord would never
consent to it, but on very peculiar occasions.
In Cutch, amongst the Jareja[3.3.6] tribes, sub-vassals may alienate
their estates; but this privilege is dependent on the mode of
acquisition. Perhaps the only knowledge we have in Rajasthan of
alienation requiring the sanction of the lord paramount, is in donations
for pious uses: but this is partial. We see in the remonstrance of the
Deogarh vassals the opinion they entertained of their lord’s alienation
of their sub-fees to strangers, and without the Rana’s consent; which,
with a similar train of conduct, produced sequestration of his fief till
they were reinducted [160].
=Tenants of the Crown may Alienate.=—The agricultural tenants,
proprietors of land held of the crown, may alienate their rights upon a
small fine, levied merely to mark the transaction. But the tenures of
these non-combatants and the holders of fees are entirely distinct, and
cannot here be entered on, further than to say that the agriculturist
is, or was, the proprietor of the soil; the chief, solely of the tax
levied thereon. But in Europe the alienation of the _feudum paternum_
was not good without the consent of the kindred in the line of
succession.[3.3.7] This would involve sub-infeudation and frerage, which
I shall touch on distinctly, many of the troubles of these countries
arising therefrom.
=Escheats and Forfeitures.=—The fiefs which were only to descend in
lineal succession reverted to the crown on failure of heirs, as they
could not be bequeathed by will. This answers equally well for England
as for Mewar. I have witnessed escheats of this kind, and foresee more,
if the pernicious practice of unlimited adoption do not prevent the Rana
from regaining lands, alienated by himself at periods of contention.
Forfeitures for crimes must, of course, occur, and these are partial or
entire, according to the delinquency.
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